In a murder case, what a client says to investigators before hiring a lawyer often becomes the state's strongest argument at trial. Silence is not an admission.
If you are accused of murder, the single most important step is to invoke your right to remain silent and your right to an attorney, and then actually exercise both.
This matters most in self-defense and defense-of-others cases. Saying the wrong thing to an investigator while emotions are still running high can get your account written down incorrectly or misunderstood. Later, at trial, when your defense is presented, the state will point back to that first interview and argue it does not match what you are saying now.
Barrera Defense advises the same approach every time: do not talk while everyone is still frightened and emotions are high. Retain an attorney, collect your thoughts, and go through everything once things have settled.
Citation: Texas Penal Code §19.02 (Murder); §19.03 (Capital Murder)
Degree and classification: Murder is a first-degree felony, reduced to a second-degree felony if the defendant proves sudden passion at punishment. Capital Murder is a capital felony.
Statutory language: Murder: a person commits an offense if he intentionally or knowingly causes the death of an individual, or intends serious bodily injury and commits an act clearly dangerous to human life causing death, or causes death in the course of committing a felony. Capital Murder is murder plus an aggravating factor, such as a peace officer victim, murder for remuneration, multiple victims, a child victim, or murder during another violent felony.